“And I for my part am determined [here he comes to his ‘testimony’ and the meaning he now put on it] to keep silence concerning my part of the confession which I heard from His Serene Highness through Bucer, even should I suffer for it, for it is better that people should say that Dr. Martin acted foolishly in his concession to the Landgrave—for even great men have acted foolishly and do so, even now, as the saying goes: A wise man makes no small mistakes—rather than reveal the reasons why we secretly consented; for that would greatly disgrace and damage the reputation of the Landgrave, and would also make matters worse.” To the Elector his sovereign Luther had said that, even to-day, he “would not be able to give any different advice” and that he saw no reason to blush for it. Hence it is hard to believe that he seriously contemplated admitting that he had been guilty of an act of “folly” and had “acted foolishly.” It will be shown more clearly below what his object was in threatening such a repudiation of his advice to the Landgrave.
In his letter to Thann, Luther decides in favour of the expedient suggested by the Hessian theologians, viz. of the amphibological use of the word concubine; here it should, however, be noted, that this term, if used officially to counteract the common report concerning the new marriage, plainly implied a denial of the reality of the bigamy.
But how if the Landgrave were directly confronted in a Court of Justice with the question: Have you, or have you not, married two wives?
Here belongs the third letter of Luther’s which we have on the subject and which was despatched to Hesse before the middle of July. It is addressed to “a Hessian Councillor” who has been identified, with some probability, as the Hessian Chancellor Johann Feige.[102]
To the addressee, who was acquainted with the whole matter and had applied to Luther for his opinion on behalf of the Landgrave, the writer defines his own position still more clearly; if people say openly that the Landgrave has contracted a second marriage, all one need answer is, that this is not true, although it is true that he has contracted a secret union; hence he himself was wont to say, “the Landgrave’s other marriage is all nonsense.”
The justification of this he finds in the theory of the secrecy of confession upon which he insists strongly in this letter. Not only is his own share in the matter nil because ostensibly done in confession, but the marriage itself is merely a sort of “confession marriage,” a thing concealed and therefore non-existent so far as the world is concerned. “A secret affirmative cannot become a public affirmative ... a secret ‘yes’ remains a public ‘no’ and vice versa.... On this I take my stand; I say that the Landgrave’s second marriage is nil and cannot be convincing to anyone. For, as they say, ‘palam,’ it is not true, and although it may be true ‘clam,’ yet that they may not tell.”
He is very bitter about the Landgrave’s purpose of making the marriage and the Wittenberg “advice” public, should need arise. The fate of the latter was, in fact, his chief anxiety. “In this the Landgrave touches us too nearly, but himself even more, that he is determined to do ‘palam’ what we arranged with him ‘clam,’ and to make of a ‘nullum’ an ‘omne’; this we are unable either to defend or to answer for, and we should certainly come to high words.” The last sentence was, however, felt by Luther to be too strong and he accordingly struck it out of the letter.
He also says that the Landgrave’s appeal to his sermon on Genesis would be of no avail, because he (Luther) had taught, both previous to and after it, that the law of Moses was not to be introduced, though some of it “might be used secretly in cases of necessity, or even publicly by order of the authorities.” But advice extorted from him in Confession by the distress of a suffering conscience could “not be held to constitute a true precedent in law.” He here touches upon a thought to which he was to return in entirely different circumstances: Neither the preachers, nor the Gospel, lay down outward laws, not even concerning religion; the secular authorities are the only legislators; ecclesiastical guidance comprises only advice, direction and the expounding of Scripture, and has to do only with the interior life, being without any jurisdiction, even spiritual; as public men, the pastors were appointed to preach, pray and give advice; to the individual they rendered service amidst the “secret needs of conscience.”[103]
He thereby absolves himself from the consequence apparently involved in the step he had taken, viz. the introduction of polygamy as a “general right”; it does not follow that: “What you do from necessity, I have a right to do”; “necessity knows no law or precedent,” hence a man who is driven by hunger to steal bread, or who kills in self-defence is not punished, yet what thus holds in cases of necessity cannot be taken as a law or rule. On the other hand, Luther will not listen to the proposal then being made in Hesse, viz. that, in order to counteract the bad example, a special edict should be issued declaring polygamy unlawful as a general rule, but allowable in an exceptional case, on the strength “of secret advice given in Confession”; on the contrary, it would be far better simply to denounce polygamy as unlawful.
Hence if the Landgrave, so Luther concludes, “will not forsake the sweetheart” on whom “he has so set his heart that she has become a need to him,” and if, moreover, he will “keep her out of the way,” then “we theologians and confessors shall vindicate it before God, as a case of necessity to be excused by the examples of Genesis. But defend it before the world and ‘iure nunc regente,’ that we cannot and shall not do. Short of this the Landgrave may count upon our best service.”